Initial Disclosures

When the initial disclosures is used

Timing: early in the case. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Initial disclosures must be made within 14 days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order (Rule 26(a)(1)(C)).
• Rule 26(a)(1)(B) lists proceedings exempt from initial disclosure.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 26(a)(1) online. Also, the federal judiciary publishes the current rules and recent amendments.

The initial disclosures in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar initial disclosures procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Discovery: the pretrial process in which parties obtain information and evidence from each other and from nonparties.
• Initial disclosures: basic information each party must provide early in a federal case without waiting for a discovery request.

Related procedures

Similarly, these procedures often come up alongside it:

• Rule 26(f) Conference and Discovery Plan: the meeting where the parties discuss the case and prepare a proposed discovery plan for the court.
• Interrogatories: written questions one party serves on another party, answered in writing under oath.
• Requests for Production of Documents: requests that another party produce documents, electronically stored information or tangible things, or permit inspection.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.